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Council Meeting Minutes February 9, 1988 I ion that the city does not have discretionary authority to make a payment where there no is corresponding legal obligation. Gunn responded that he understands the council is permitted to make any payments that are considered to be reasonable and neces- sary in connection with the relocation, and he believes the amounts requested are reasonable and necessary in the unique cir- cumstances of this case. With respect to the discretionary pay- ment, Gunn asked that the council exercise its discretion in favor of Oswalt. In response to Benke's question, Gunn responded they are request- ing approximately $22,000. I LeFevere stated, because council had not made any determination, staff felt it was not within their authority to award a replace- ment housing payment in excess of the amount provided by the regu- lations; if the council feels it has sufficient information at this time to make a determination as to replacement housing, it would not be improper to do that. On the other hand, LeFevere stated, if council feels it is not fully informed on that matter, it may be appropriate to refer the matter back to the City Manager with directions to make a determination as to the appropriate re- placement housing payment with a declaration of housing of last resort. In response to Benkels inquiry, LeFevere stated all options are open but it is necessary, under the city.s procedures for appeals of determination regulations, to provide Oswalt with a written decision and explanation for its decision. LeFevere stated that council IS direction to staff could be to prepare such a document, (the council could include specific direction about what that doc- ument ought to include and it could also include direction to pre- pare documents in the alternative). Benke noted that all comments have been submitted to and considered by the council and he can not find cause to overrule the City Manager with regard to his findings on the interest pay- ments and the payment of legal fees. With regard to the declara- tion of housing of last resort, Benke asked LeFevere to review the conditions and criteria that apply to that type of determination. I LeFevere stated, in general, the regulations in effect at the time Oswalt was displaced from his home provided that the city could pay replacement housing costs in excess of $15,000 if it determin- ed that, due to the unavailability of comparable, decent, safe, and sanitary dwellings in the market place, the project could not proceed to completion. In this case, that language does not apply (the question would be whether there were comparable replacement dwellings available at the time when Oswalt was displaced or within a reasonable time thereafter). With regard to "if we had to find it, it was not available," Brandt asked if that simply meant that it absolutely did not exist in the objective (that there was no house comparable and available at that time), or would it mean that, under the circumstances of Page 5